This post is being written as the first in a series of articles addressing whether a person convicted of a felony in Illinois may receive probation. I consider this an important topic because felony charges can drastically affect one’s life, even long after the case is over. Many defendants and their families understandably hope for probation as an alternative to incarceration. They may not fully understand how probation eligibility is determined or what it actually entails. The goal of my upcoming articles is to provide information that will help people understand how sentencing works in Illinois felony cases, whether probation is a possibility, and how an attorney can help. If you or a loved one has been charged with a felony then contact my office to speak with a criminal defense lawyer today.
I will be addressing several important topics in my coming articles. Issues which I will be analyzing include:
- Understanding whether a defendant is eligible for probation
- Defendants must understand the fact that sentencing is within the discretion of the judge
- What it means to serve probation
- The importance of having a qualified attorney during sentencing
I have chosen to address these particular topics for a variety of reasons. First, eligibility for probation depends on a number of factors such as the classification of the offense, the defendant’s criminal history, and whether the charge is considered probationable. Second, eligibility for probation is not a guarantee that the Judge will impose it. Sentencing in felony cases is ultimately left to the discretion of the Judge. Factors such as the nature of the offense, harm to victims, the defendant’s remorse or rehabilitation efforts, and recommendations are considered by the Court. Third, many individuals do not understand what probation involves. There are strict rules and requirements that must be followed such as regular check-ins with a probation officer, drug testing, employment or school requirements, community service, and more. Violating the conditions can result in a probation revocation and possible prison time. Finally, an experienced attorney can have a significant impact in whether an individual is granted probation. A lawyer can present mitigating evidence, negotiate with the prosecutor, and advocate for a reduced sentence.
A consistent theme throughout this series will be the importance of working with an experienced criminal defense lawyer as early in the process as possible. Retaining legal counsel quickly means there is more time to gather evidence, negotiate, and develop compelling arguments for the case. I am a Peoria criminal defense lawyer and a former prosecutor and believe that each person deserves a fair trial and aggressive legal representation. I have devoted my practice to defending those who are facing charges in Illinois. If you or someone you love has been charged with a felony offense then contact my office today to schedule an initial consultation. We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.